Texas Insurance Code 462.254 – Recovery From More Than One Guaranty Association
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by Subsections (b) and (c), a person who has a claim that may be recovered from more than one insurance guaranty association or the equivalent shall seek recovery first from the association of the insured’s residence.
(b) A claimant shall seek recovery of a first-party claim for damage to property with a permanent location first from the association of the location of the property.
Terms Used In Texas Insurance Code 462.254
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) A claimant shall seek recovery of a workers’ compensation claim first from the association of the claimant’s residence.
(d) The association has a credit or offset against the benefits under this chapter in the amount of the claimant’s recovery under this section.
(e) Subject to Section 462.255, the maximum amount payable by the association is the amount of damages incurred by the claimant, less the credit or offset, except that the association’s liability may not exceed $300,000.